§ 108A-55.3. Verification of State residency required for medical assistance. - North Carolina Statutes

§ 108A‑55.3.  Verification of State residencyrequired for medical assistance.

(a)        At the time of application for medical assistance benefits,the applicant shall provide satisfactory proof that the applicant is a residentof North Carolina and that the applicant is not maintaining a temporaryresidence or abode incident to receiving medical assistance under this Part.

(b)        An applicant may meet the requirements of subsection (a) ofthis section by providing at least two of the following documents:

(1)        A valid North Carolina drivers license or otheridentification card issued by the North Carolina Division of Motor Vehicles.

(2)        A current North Carolina rent or mortgage payment receipt,or current utility bill in the name of the applicant or the applicant's legalspouse showing a North Carolina address.

(3)        A valid North Carolina motor vehicle registration in theapplicant's name and showing the applicant's current address.

(4)        A document showing that the applicant is employed in thisState.

(5)        One or more documents proving that the applicant's domicilein the applicant's prior state of domicile has ended, such as closing of a bankaccount, termination of employment, or sale of a home.

(6)        The tax records of the applicant or the applicant's legalspouse, showing a current North Carolina address.

(7)        A document showing that the applicant has registered with apublic or private employment service in this State.

(8)        A document showing that the applicant has enrolled theapplicant's children in a public or private school or child care facilitylocated in this State.

(9)        A document showing that the applicant is receiving publicassistance or other services requiring proof of domicile, other than medicalassistance, in this State.

(10)      Records from a health department or other health careprovider located in this State showing the applicant's current North Carolinaaddress.

(11)      A written declaration made under penalty of perjury from aperson who has a social, family, or economic relationship with the applicantand who has personal knowledge of the applicant's intent to live in NorthCarolina permanently or for an indefinite period of time or that the applicantis residing in North Carolina to seek employment or with a job commitment.

(12)      Current North Carolina voter registration card.

(13)      A document from the U.S. Department of Veterans Affairs, U.S.Military, or the U.S. Department of Homeland Security verifying the applicant'sintent to live in North Carolina permanently or for an indefinite period oftime or that the applicant is residing in North Carolina to seek employment orwith a job commitment.

(14)      Official North Carolina school records, signed by schoolofficials, or diplomas issued by North Carolina schools, including secondaryschools, community colleges, colleges, and universities verifying theapplicant's intent to live in North Carolina permanently or for an indefiniteperiod of time or that the applicant is residing in North Carolina to seekemployment or with a job commitment.

(15)      A document issued by the Mexican consular or other foreignconsulate verifying the applicant's intent to live in North Carolinapermanently or for an indefinite period of time or that the applicant isresiding in North Carolina to seek employment or with a job commitment.

(c)        For applicants, including those who are homeless or migrantlaborers, who declare under penalty of perjury that they do not have two of theverifying documents in subsection (b) of this section, any other evidence thatverifies residence may be considered. However, except for applicants ofemergency Medicaid, a declaration, affidavit, or other statement from theapplicant or another person that the applicant meets the requirements of G.S.108A‑24(6) is insufficient in the absence of other credible evidence. Forapplicants of emergency Medicaid, a declaration, affidavit, or other statementfrom the applicant's employer, clergy, or other person with personal knowledgeof the applicant's intent to live in North Carolina permanently or for anindefinite period of time or that the applicant is residing in North Carolinato seek employment or with a job commitment satisfies the requirements of thissubsection.

(d)        The Division of Medical Assistance shall not provide paymentfor medical assistance provided to an applicant unless or until the applicanthas met the proof of residency requirements of this section.

(e)        Unless otherwise provided for under Title 19 of the SocialSecurity Act, a child under age 18 is a resident of the state where the child'sparent or legal guardian is domiciled.

(f)         This section does not apply to an applicant whoseeligibility for medical assistance is excepted from State residencyrequirements under federal law.

(g)        Nothing in this section shall be construed to establishNorth Carolina residency for a nonqualified alien who is present in NorthCarolina for a temporary or unspecified period of time unless the applicant islegally admitted for employment purposes. (2005‑276, s. 10.21A(a).)